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The Case Against The Business Case For Gender Quotas On Boards Of Public Companies, Raluca Papadima Apr 2025

The Case Against The Business Case For Gender Quotas On Boards Of Public Companies, Raluca Papadima

Idaho Law Review

No abstract provided.


Restoring The Public Interest Component Of The Prior Appropriation Doctrine In Conjunctive Management Of The Eastern Snake Plain Aquifer, Thomas J. Budge Apr 2025

Restoring The Public Interest Component Of The Prior Appropriation Doctrine In Conjunctive Management Of The Eastern Snake Plain Aquifer, Thomas J. Budge

Idaho Law Review

No abstract provided.


Stress And Public Criminal Defense: Comparing Male And Female Defender Experiences And Coping Strategies, Alisa M. Smith Apr 2025

Stress And Public Criminal Defense: Comparing Male And Female Defender Experiences And Coping Strategies, Alisa M. Smith

Idaho Law Review

Little research has focused on stress and coping strategies among public defenders, and none compares the experiences of male and female defenders. As frontline workers, critical to the due process of law, understanding and eradicating stress is essential to their well-being and the fair treatment of defendants. Employing thematic analysis of public defenders’ responses to open-ended questions, this study found gendered differences in how male and female defenders described their work motivations, challenges, and strategies for dealing with stress. Both male and female public defenders confront the stresses of injustice and heavy workloads. Female defenders, however, are more likely to …


Nevadaware Divergence In Corporate Law, Wendy G. Couture Apr 2025

Nevadaware Divergence In Corporate Law, Wendy G. Couture

Articles

The differences between Nevada and Delaware corporate law - which I call "Nevadaware divergence" - are the subject of media attention, scholarly critique, and current litigation. Nevada corporate law has a reputation as being a no-liability Zone where officers and directors are free to defraud stockholders without consequences. My goal in this article is to inform a more fulsome understanding of Nevada corporate law, both substantively and theoretically, as compared to Delaware corporate law). Starting with the premise that Nevada corporate law is more nuanced than common wisdom suggests, I highlight Nevadaware divergence - not only about substantive corporate law-but …


Strategically Restated Defaults, Wendy G. Couture Feb 2025

Strategically Restated Defaults, Wendy G. Couture

Articles

Business and commercial statutes are composed almost entirely of default rules, which parties may override via agreement or adopt via silence. Drafters of these statutes, and theories about the substance of default rules, assume that parties indeed adopt statutory default rules via silence. Against this backdrop, this Article examines unexpected behavior by parties to business and commercial agreements: parties often restate statutory default rules in their agreements rather than adopting those rules via silence. Based on a review of actual limited partnership agreements and security agreements, this Article identifies five unique species of restatement-bald, tweak, refill, baseline, and context restatements-and …


Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy Aug 2024

Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy

Articles

For over a century trade secret law has protected internal business information from misappropriation by departing employees. Over this time, courts developed various limiting doctrines to minimize the impact of this broad protection on employee mobility in particular cases. However, the workplace has changed significantly over this time and these changes raise substantial questions as to whether there is any valid theoretical justification for continuing to protect routine business information under trade secret law. In an environment where the vast majority of trade secrets claims are against former employees, the lack of sound justification for protecting routine business information, the …


Rule 11 Is No Match For Generative Al, Jessica Gunder Apr 2024

Rule 11 Is No Match For Generative Al, Jessica Gunder

Articles

In a series of high-profile ethics debacles, attorneys who used generative Al technology found themselves in hot water after they negligently relied on fictitious cases and false statements of law crafted by the technology. These attorneys mistakenly relied upon the output they received from a generative Al product without verifying and validating that output. Their embarrassing ethical breaches made national news, and spurred judges to implement standing orders that require attorneys to disclose their use of Al technology. Scholars were quick to criticize these standing orders' and the standing orders are rife with problems. But are they needed? Or are …


Why Can't I Have A Robot Lawyer? Limits On The Right To Appear Pro Se, Jessica Gunder Feb 2024

Why Can't I Have A Robot Lawyer? Limits On The Right To Appear Pro Se, Jessica Gunder

Articles

Some rights are more favored-and some rights are more disfavored than others. The right to self-representation is a disfavored right Despite its historic roots, the right has been subjected to judicially imposed limits that have reduced its scope. The limits on the right to self-representation include restrictions on the type of litigant that can avail themselves of the right, bars regarding the personal characteristics of litigants, barriers on the types of assistance a pro se litigant may receive, and procedural limitations on how a litigant may invoke the right. This Article is the first to study these established limitations on …


Why Abolishing The Insanity Defense Is Unconstitutional In Death Penalty Cases, Ashley Peterson Aug 2023

Why Abolishing The Insanity Defense Is Unconstitutional In Death Penalty Cases, Ashley Peterson

Idaho Law Review

No abstract provided.


Dobbs: A Powerful Opinion With Discrete Weaknesses, Gader Wren Jun 2023

Dobbs: A Powerful Opinion With Discrete Weaknesses, Gader Wren

Idaho Law Review

No abstract provided.


Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, Dylan R. Hedden-Nicely Feb 2023

Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Will Housing Become The Inflection Point For Realignment Of State Land Use Structures, Edward J. Sullivan Jan 2023

Will Housing Become The Inflection Point For Realignment Of State Land Use Structures, Edward J. Sullivan

Idaho Law Review

No abstract provided.


Tackling The Affordability Crisis In The West: The Colorado Housing Affordability Project And The Challenge Of Zoning Reform, Brian J. Connolly, Andrew L.W. Peters, Heidi Aggeler, Avilia Bueno, Julia Jones, Susan Daggett Jan 2023

Tackling The Affordability Crisis In The West: The Colorado Housing Affordability Project And The Challenge Of Zoning Reform, Brian J. Connolly, Andrew L.W. Peters, Heidi Aggeler, Avilia Bueno, Julia Jones, Susan Daggett

Idaho Law Review

No abstract provided.


Planning For Rapid Growth In Small And Rural Communities In The Intermountain West: Identifying Chalenges And Solutions In The Land Use Context, Thomas F. Dansie, Daniel C. Dansie Jan 2023

Planning For Rapid Growth In Small And Rural Communities In The Intermountain West: Identifying Chalenges And Solutions In The Land Use Context, Thomas F. Dansie, Daniel C. Dansie

Idaho Law Review

No abstract provided.


Can America’S Fastest-Growing City Save Itself? Property Rights And The Planning Ethic In Boise, Idaho, Stephen R. Miller Jan 2023

Can America’S Fastest-Growing City Save Itself? Property Rights And The Planning Ethic In Boise, Idaho, Stephen R. Miller

Idaho Law Review

No abstract provided.


Memorizing Trade Secrets, Timothy Murphy Jan 2023

Memorizing Trade Secrets, Timothy Murphy

Articles

The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information's relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …


Has The Idaho Supreme Court Wrongly Limited Wrongful Discharge In Contravention Of Public Policy Claims?, John E. Rumel Jan 2023

Has The Idaho Supreme Court Wrongly Limited Wrongful Discharge In Contravention Of Public Policy Claims?, John E. Rumel

Articles

No abstract provided.


Can't Get It Out Of My Head: Trade Secrets Liability For Remembered Information, Timothy Murphy Jan 2023

Can't Get It Out Of My Head: Trade Secrets Liability For Remembered Information, Timothy Murphy

Articles

The earliest trade secrets cases recognized that intentional memorization of trade secret information for the purpose of misappropriating that information should be redressable in a trade secrets action. However, courts did not distinguish between information that was intentionally memorized versus information that was inadvertently remembered. In the early days, trade secrets law was characterized by unfair competition approaches whereby liability would be found only if there was some improper act by the misappropriator. This approach was solidified in the Restatement (First) of Torts, which conditioned misappropriation liability upon a knowledge requirement. The knowledge requirement continued in the later statutory period, …


Nonconsensual Deepfakes: Detecting And Regulating The Rising Threat To Privacy, Natalie Lussier Dec 2022

Nonconsensual Deepfakes: Detecting And Regulating The Rising Threat To Privacy, Natalie Lussier

Idaho Law Review

No abstract provided.


Idaho’S Llc Act: Oral Operating Agreements And The Statute Of Frauds, Marcus H. Waterman Dec 2022

Idaho’S Llc Act: Oral Operating Agreements And The Statute Of Frauds, Marcus H. Waterman

Idaho Law Review

No abstract provided.


Third Time’S A Charm: The Case For Ban The Box Legislation In Idaho, Alaina Heuring Dec 2022

Third Time’S A Charm: The Case For Ban The Box Legislation In Idaho, Alaina Heuring

Idaho Law Review

No abstract provided.


Idaho’S Noneconomic Damage Cap On Whistleblowers: Adding Another Claim To The List Of Unconstitutional Caps In Idaho, Brooke Kenney Dec 2022

Idaho’S Noneconomic Damage Cap On Whistleblowers: Adding Another Claim To The List Of Unconstitutional Caps In Idaho, Brooke Kenney

Idaho Law Review

No abstract provided.


The Public Trust Doctrine: The Nevada And California Supreme Courts’ Divergent Views In Mineral County And National Audobon Society, Roderick E. Walston Dec 2022

The Public Trust Doctrine: The Nevada And California Supreme Courts’ Divergent Views In Mineral County And National Audobon Society, Roderick E. Walston

Idaho Law Review

No abstract provided.


Peering Into Passive Electioneering: Preserving The Sanctity Of Our Polling Places, Rebecca M. Fitz Dec 2022

Peering Into Passive Electioneering: Preserving The Sanctity Of Our Polling Places, Rebecca M. Fitz

Idaho Law Review

No abstract provided.


Territorial Constitutional Law, Anthony M. Ciolli Dec 2022

Territorial Constitutional Law, Anthony M. Ciolli

Idaho Law Review

No abstract provided.


The Inadequacies Of Cost-Benefit Analysis As A Tool For Decision-Making: To Breach Or Not To Breach, Alexander Maas Dec 2022

The Inadequacies Of Cost-Benefit Analysis As A Tool For Decision-Making: To Breach Or Not To Breach, Alexander Maas

Idaho Law Review

No abstract provided.


Idaho Public Land Access: Amending Road Laws To Ensure Public Land Remains Accessible, Jillian Greene Dec 2022

Idaho Public Land Access: Amending Road Laws To Ensure Public Land Remains Accessible, Jillian Greene

Idaho Law Review

No abstract provided.


Natural Resource Policy And Collaborative Processes, Crystal M. Callahan, Katherine E. Himes Dec 2022

Natural Resource Policy And Collaborative Processes, Crystal M. Callahan, Katherine E. Himes

Idaho Law Review

No abstract provided.


Changing Hydroclimate In The Columbia River Basin: Potential Impacts On The Snake River Dams, Adrienne M. Marshall, A.C. Lute Dec 2022

Changing Hydroclimate In The Columbia River Basin: Potential Impacts On The Snake River Dams, Adrienne M. Marshall, A.C. Lute

Idaho Law Review

No abstract provided.


State V. Clarke: Down The Road, Dee Jones Nov 2022

State V. Clarke: Down The Road, Dee Jones

Idaho Law Review

No abstract provided.